Brade
A federal judge in Idaho has issued a preliminary injunction against key provisions of a controversial state immigration law, HOUSE BILL 83, which sought to empower local police to arrest migrants suspected of entering the state illegally if involved in another crime. JUDGE AMANDA BRAILSFORD, a President Biden appointee, ruled that the law likely violates constitutional principles and federal immigration authority.
The legislation, known as the IMMIGRATION COOPERATION AND ENFORCEMENT ACT, was signed into law by GOVERNOR BRAD LITTLE on March 27. It aimed to criminalize unlawful state entry and reentry while assisting federal deportation efforts. However, JUDGE BRAILSFORD blocked its enforcement following a lawsuit by the ACLU OF IDAHO, which argued the law oversteps federal immigration jurisdiction.
In her ruling, JUDGE BRAILSFORD highlighted that the ACLU demonstrated a strong likelihood of success on several key claims, including potential violations of the U.S. Constitution’s due process clause and federal preemption principles. She also noted that the law could cause irreparable harm to the plaintiffs, including five unnamed individuals represented in the lawsuit.
Under the contested law, unlawful entry into Idaho is classified as a misdemeanor, but involvement in another crime—such as theft—could escalate the offense to a felony and trigger federal deportation proceedings.
The ACLU of Idaho celebrated the injunction, with STFF ATTORNEY EMILY CROSTON stating, “We are pleased the court recognized that enforcement of this law is harmful and unconstitutional. We are confident this lawsuit will succeed on its merits, and we hope it sends a message to Idaho’s lawmakers that passing anti-immigrant, unconstitutional legislation is not what Idaho needs.”
The Idaho Attorney General’s Office confirmed it is reviewing the decision to determine its next steps.
LINKS TO SOURCES:
[Idaho Capital Sun](https://idahocapitalsun.com)
[Idaho News](https://idahonews.com)
